WHAT IS TIME LIMIT FOR FINAL DECREE AFTER PRELIMINARY DECREE IN PARTITION SUIT?(APRIL, 2023)

#Partition-Suit #supremecourtofindia #limitationact1963
Ques: Whether an application filed for final decree in a partition suit after 13 years of the preliminary decree is barred by limitation?
I gave the answer that since it is a pending case and the shares of the parties have been decided, so it will not be hit by limitation. But I was not very sure about my reply.
Then I tried to find a judgment. I got a very good judgment of 2009 written by Justice R. V. RAVEENDRAN. The issue involved has been very nicely discussed in this judgment.
Before going into judgment, let us see facts:
A suit for partition and rendition of account was filed 1960 in the court at Muzaffarpur. The suit was decreed in 1964 directing a preliminary decree for partition be drawn and a final decree be drawn up through appointment of a Commissioner for actual division of the plots by metes and bounds. This was challenged in Patna High Court which was dismissed in 1974.
An application for drawing up a Final Decree was filed in 1987, i.e., after 13 years. The objection was filed on the ground of Limitation against the application on the ground that it would be governed by the residuary Article 137 of Limitation Act where it is only 3 years.
It was argued that : As the right to apply accrues on the date of the preliminary decree in 1964, or in 1974 when the appeal was dismissed by the High Court.
The objection was dismissed by the trial court holding that once the rights/shares of the plaintiff had been finally determined by a preliminary decree, there is no limitation for drawing up a final decree the application is made a pending suit.
The said order was challenged in the High Court and the same was dismissed in 2009.
SLP before SC: SLP [C] NO.17932 OF 2009
Shub Karan Buena
Vs.Sita Saran Bubna & Ors.
Let us see the provisions of the Limitation Act, 1963. Section 3 of the Act provides that every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed. This provision is made subject to sections 4 to 24 of Limitation act.
The term 'period of limitation' is defined as the period of limitation prescribed for any suit, appeal or application by the Schedule to the Act.
The Schedule does not contain any Article prescribing the limitation for an application for drawing up of a final decree.
Article 136 prescribes the limitation for execution of any decree or order of civil court as 12 years when the decree or order becomes enforceable.
Article 137 provides that for any other application for which no period of limitation is provided elsewhere, the period of limitation is 3 years which would begin to run from the time when the right to apply accrues.
But where an application does not invoke the jurisdiction of the court to grant any fresh relief based on a new cause of action, but merely requests the court to do its duty by completing the remaining part of the pending suit, there is no question of any limitation.
An application in a pending suit, which contains no fresh or new prayer for relief is not subject to the Limitation Act.
Let us see what SC told:
Once a court passes a preliminary decree, it is the duty of the court to ensure that the matter is referred to the Collector or a Commissioner for division unless the parties themselves agree as to the manner of division.
This duty in the normal course has to be performed by the court itself as a continuation of the preliminary decree.
An application requesting the court to take necessary steps to draw up a final decree effecting a division in terms of the preliminary decree, is neither an application for execution falling under Article 136 of the Limitation Act nor an application seeking a fresh relief (falling under Article 137 of Limitation Act).
It is only a reminder to the court to do its duty to appoint a Commissioner, get a report, and draw a final decree in the pending suit so that the suit is taken to its logical conclusion.
ONE IMPORTANT ASPECT: A decree in a partition suit enures to the benefit of all the co-owners and therefore, it is sometimes said that there is really no judgment-debtor in a partition decree.
The Civil Procedure Code does not contemplate filing an application for final decree. Therefore, when a preliminary decree is passed in a partition suit, the proceedings should be continued by fixing dates for further proceedings till a final decree is passed. It is the duty and function of the court.
SC held: that the application filed by the plaintiff in this case for drawing up of a final decree, was not subject to any period of limitation.

[@artfoemagic9912]

Sir aapko nahi lagta slp 17932 me jadgment Diya uski chain lagti he civil appeal 640(2010)?

[@kishanderashree6537]

Very informative knowledge sir

[@legal_outlook]

Thankyou very much

[@krishnabanerjee3883]

आयुक्त की रिपोर्ट पर कोई आपत्ति नहीं जताई गई और रिपोर्ट को स्वीकार कर लिया गया तो इस केस रिवीजन के लिए किन बातों का ध्यान रखना चाहिए

[@gopalbjb]

43 year long pending FA against Preliminary Decree and Final Decree pronounced in 2008 now Execution proceeding can effected by FA we are Plantiff in title suit

[@MrKetan1985]

Thanks a lot sir , I need some information.. When the actual partition happens and DH will get fruits of partitions in the final decree proceeding? Current starge : In the final decree,final evidence pursis are filed and kept for arguments,

[@chrisreay77]

Sir in our case 2 persons share one share divided by 2 persons how to seperate the share kindly suggest thank you sir

[@Arorayuvraj57123]

Dear sir. Mere mama nay 32 civil case kiy bt jis will ko court nay dismissed kar diya upto high court jub ji vo co sharer tha claim kara 100 gaj ka may owner hu 1990say 2022 tak xase kiy kya ub vo co sharer ka claim kar sakta hai pls tell me sir

[@avinashbaradkar6491]

Sir. Lok. Adlat. Ki. dicree. Exucation. Karana. Jaruri. Hay. Kya. ??

[@gopaltiwari4691]

What happens if judgement debtor died before final decree proceeding..

[@chandersharma1611]

Meri Nani Ne Meri Mummy Ka Din Mein Naam Nahin Dala Jab ki meri mummy ki death ho chuki hai meri Nani ki pidit ho chuki hai to kya mujhe use property Mein share mil sakta hai

[@zafarabeid6387]

Exzcoton main stay tha 10 sal say or decree par Apli caluo hai stey ke bad zamin biki Apil cour main jab saell did dalil kay top 36 Ex hova oda Ecxzcoston calne ko bola apil court nye bhi 10sal say stye par tha too Limtson apli hoga knhi yha feet jo amaunt baqi tha oh panding hova tha dd say payment daract barnna yha kuch odar lenna hoa 10 sal ka gap pura gonna che ye video bado sor

[@dulalahmed1107]

বাটোয়ারা মামলায় প্রাথমিক ডিক্রি হতে সময় লাগে বেশি না চূড়ান্ত ডিক্রিতে সময় লাগে বেশি?

[@Manashcreativevidio]

Sir preliminary ke bad fcds ho geya uske bad kya kare

[@RakeshKumar-yd9hn]

अंतिम दिक्री के बाद समय सीमा क्या है

[@mohdshariq5814]

Kya preliminary degree ke baad kabza le sakte hain property pe ??? ( Final degree na bane ho)

[@legal_outlook]

किससे कब्ज़ा लेना है?

[@mohdshariq5814]

@@legal_outlook opposite party se (inheritance property mei apna share)

[@teachersexamtarget4598]

अगर 1998 में मुझे प्रारंभिक डिग्री मिला लेकिन आज तक अंतिम निणय नहीं हो पाया बार बार कमीश्नर रिपोर्ट गलत हो जाता है कृपया मदद करे

[@legal_outlook]

आप अपने वकील साहब से बात करें.

[@teachersexamtarget4598]

महोदय क्या हाईकोर्ट जा सकते हैं

[@sukhpaldhillon7856]

Respected sir execution for degree case ka v koi time limit hota hai kya Court ne kitne time mai isko solve karna hota hai ?

[@legal_outlook]

अपने एडवोकेट से फ़ाइल के साथ डिसकस कीजिये

[@kishanderashree6537]

Sir please make a video in context of supreme court judgement 27 01 2022 k arumuga velaih verses P R Ramasamy on a document to be executed in future

[@legal_outlook]

Thanks Sir. It seems you are an advocate. Send about yourself on Whatsapp [phone]

[@avinashbaradkar6491]

Sir ... dicree. . Exucation. Nahi. Kiya. too. Dicree. . Cansel. Hota. hay. Kya. ??

[@legal_outlook]

No. But it has to be executed within 12 years.

[@sunnysingh-hk3zd]

Hi sir I just your help as I am having a compromise decree of 1974 of Bombay City civil court. How can I get in contact with you

[@Arorayuvraj57123]

U r belong to delhi

[@legal_outlook]

Yes

[@mukulsingh2599]

Siraapkanumberplease

[@Arorayuvraj57123]

Thks sir pls apply the your phone no no

[@vaddiladubaba5353]

Sir ap ka number